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(영문) 서울서부지방법원 2017.06.01 2017고정131
주거침입
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant: (a) was diagnosed as “stimulious disability in both extreme form” and had an accident disorder, such as exchange, network impairment, and constant disorder; and (b) had weak ability to discern things or make decisions; (c) on November 3, 2016, the Defendant opened the first floor door to reside in the victim D’s residence in Seodaemun-gu Seoul Metropolitan Government (Seoul), and went into the second floor to intrude the victim’s residence without the victim’s consent; and (d) infringed upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. Article 10(2), Article 10(1), and Article 55(1)6 of the Criminal Act to mitigate mental and physical weakness;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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